Abril Gallardo, lead organizer for Living United for Change Arizona, talks about how the Trump administration's new guidelines on immigration enforcement affect DACA recipients. David Kadlubowski/azcentral.com

Guadalupe García de Rayos reunites with her children in Nogales, Mexico. The Mesa mother found herself at the epicenter of the national debate over immigration enforcement after she was taken into custody during a routine ICE check-in.

TRUMP EXECUTIVE ACTION ON DEPORTATIONS
Children and attorney of Guadalupe Garcia de Rayos react to her deportation | 1:53

Jacqueline Rayos Garcia, 14, and Angel Rayos Garcia, 16, the children of Guadalupe Garcia de Rayos, and Ray Ybarra-Maldonado, her attorney, speak about Garcia de Rayos on Feb. 9, 2017, the day she was deported to Mexico. David Wallace/azcentral.com

Protesters blocked immigration enforcement vans from leaving the Immigration and Customs Enforcement facility in Phoenix on Feb. 8, 2017. The protest was spurred after a Mesa mother was taken into custody. Johana Restrepo/azcentral.com

Protesters in Phoenix blocked immigration enforcement vans from leaving the Immigration and Customs Enforcement facility in Phoenix on Feb. 8, 2017. The protest was spurred after a Mesa mother was taken into custody by ICE after a routine check-in with the agency.
Wochit

The Phoenix Police Department is considering policy changes that would limit when and where an individual’s immigration status applied to local police work.

The revised immigration-enforcement policy would bar officers from asking a crime victim or witness about their immigration status. It also would prohibit school-resource officers from contacting Immigration and Customs Enforcement while on school grounds, according to a draft version of the policy.

The policy amendments would not alter how police typically interact with a suspect, regardless of immigration status. Under Arizona law, all arrested individuals have their immigration status verified by the federal government before they’re released.

The revisions have not been formally adopted but already have drawn criticism from groups who say the proposals are either too stifling or don’t go far enough.

“We sought the input of community leaders and organizations and are in the process of modernizing our existing policy regarding immigration.”

The American Civil Liberties Union of Arizona says it would like to see further safeguards against biased policing in even more situations.

Phoenix police Sgt. Jonathan Howard said the policy still is being reviewed and revised but declined to discuss which portions would be identified for future amendments.

“We sought the input of community leaders and organizations and are in the process of modernizing our existing policy regarding immigration,” he said.

The proposals come amid a national conversation on immigration and policing, reignited by President Donald Trump and his executive orders that allow local police to take a more aggressive role in identifying people who do not have legal status.

The revised Phoenix policy would move Phoenix in the opposite direction. The draft revisions come as a result of recommendations from a Phoenix City Council subcommittee formed by Mayor Greg Stanton in February after Trump signed the order.

The subcommittee came as a sort of consolation prize. It promised to “address President Trump’s recent executive orders and the federal government’s subsequent actions that have created fear and uncertainty across the nation, including our city.”

Striking a new tone

The three City Council members on the subcommittee — Kate Gallego, Daniel Valenzuela and Laura Pastor — all either declined to comment or did not return calls for comment. Gallego said she had not yet seen a final draft of the revisions and would comment after they were released.

Their recommendations were made public on April 14, though, and advised the police department to collect data on SB 1070, strengthen trust between school-resource officers and students, and provide resources to the refugee community.

The data recommendation is also reflected in the policy draft and would require the Violent Crimes Bureau desk sergeant to document all immigration data and provide authority to call ICE officers.

The proposed revisions also strike a different tone.

No longer would the policy be “Immigration Enforcement,” but instead, “Immigration Procedures.”

Wording that describes an individual as an “illegal alien” has been stricken, and the policy adds a “Sanctity of Life” provision, which includes the following language: “The Department respects the dignity of all persons and recognizes the sanctity of human life, rights and liberty,” the passage reads.

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'Political correctness' or needed change?

Ken Crane, president of the Phoenix Law Enforcement Association, said the revisions are unnecessary for an agency without a track record of racial profiling.

“It would appear this policy, these revisions, are being done to comport with some form of political correctness,” he said.

Crane said the original policy was clear-cut, succinct and ensured police complied with state and federal laws.

“It would appear this policy, these revisions, are being done to comport with some form of political correctness.”

Ken Crane, Phoenix Law Enforcement Association

He took issue with both of the major provisions. There could be an instance when it’s necessary to call ICE on a school campus, just like it could be necessary to call the Bureau of Alcohol, Tobacco, Firearms and Explosives or the Drug Enforcement Administration.

And Crane said there are times when a victim or witness of a criminal case may be able to get special considerations to stay in the county if an officer knows they do not have legal status. A visa can be obtained for those who are willing to assist officials in the investigation or prosecution, he said.

“It can be crucial for the success of the case,” Crane said. “I think that’s one thing that people always overlook.”

However, Will Gaona, a policy director for the American Civil Liberties Union of Arizona, said he’s seen the revisions and thinks they don't go far enough.

“While I’d like to say that I’m encouraged by the progress, and that there was some clear direction given to the PD, I’m not sure the draft reflects that direction,” he said.

“The policy would be much stronger if they created that prohibition for all consensual contacts.”

Will Gaona, American Civil Liberties Union of Arizona

Gaona said while he’s pleased about the language written for victims and witnesses, there’s a larger group of people that the policy fails to address.

Police are more often encouraged to engage in community policing and talk to residents when no crime has occurred.

“The policy would be much stronger if they created that prohibition for all consensual contacts,” he said.

Both the cities of Tucson and Mesa have provisions in their policies that prevent these types of questions, he added.

Phoenix police officials said the department hopes to have the policy completed in the next few weeks.